First off, what people like Tachi seem to ignore is that the right to keep and bear arms was not CREATED. A simple reading of the 2nd amendment makes that clear.
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Framers viewed standing armies to be one of the greatest risks to a free people. They saw local militias as the best means to protect against that risk. To insure that every state could have a local militia, the founders insured that the right to keep and bear arms could never be infringed. It does not say the right of militia members shall not be infringed. It says "THE PEOPLE". So now, I will ask Tachi directly, what is the difference between "the people" in the second amendment and "the people" in the first, fourth and ninth?
Quote:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Quote:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Quote:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
"The People" in all of those refer to citizens of the United States. Both collectively AND individually. Any attempt by the government to censure me alone, or ALL of us on this board BOTH violate the first amendment as we all have a first amendment right both as individuals and collectively.
All of us have the right to be free from an illegal search, both in our individual homes, and in the case of roommates, to our individually controlled rooms in an apartment we share with others. Even if one roommate consents to the police entering commonly controlled areas of the apartment the police cannot extend that consent to individual rooms.
As I have pointed out, one of the best defenses of the 2nd amendment right being an individual right comes from a lefty, Lawrence Tribe.
[The Second Amendment's] central purpose is to arm "We the People" so that ordinary citizens can participate in the collective defense of their community and their state. But it does so not through directly protecting a right on the part of states or other collectivities, assertable by them against the federal government, to arm the populace as they see fit. Rather the amendment achieves its central purpose by assuring that the federal government may not disarm individual citizens without some unusually strong justification consistent with the authority of the states to organize their own militias. That assurance in turn is provided through recognizing a right (admittedly of uncertain scope) on the part of individuals to possess and use firearms in the defense of themselves and their homes--not a right to hunt for game, quite clearly, and certainly not a right to employ firearms to commit aggressive acts against other persons--a right that directly limits action by Congress or by the Executive Branch and may well, in addition, be among the privileges or immunities of United States citizens protected by sec. 1 of the Fourteenth Amendment against state or local government action.
(Laurence H. Tribe, 1 American Constitutional Law 902 n.221 [3d ed. 2000] [emphasis added].
From
BRIEF SUPPORTING APPELLEE OF AMICUS CURIAE ACADEMICS FOR THE SECOND AMENDMENT on page three of the brief and footnoted in the brief at 2.
So, I reiterate my challenge. SHOW ME the difference between "the people" in the second amendment and "the people" in the first, fourth and ninth.